Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-04-26
"PERSONAL LIBERTY"

| During the recent session of the
Twentieth Legislature THE GAZETTE
endeaVored to direct the attention of that
body to sections 80 and 81 of article xvi
of the constitution of the state of Texas,
which reads as follows:
The homestead of a family shall be and is
hereby protected from forced sale for the pay
ment of all debts, except for the purchase
money thereof or a part of such purchase
money, the taxes due thereon or for work and
and material used in constructing i'm l.
provements thereon, and in this last
case only when the work and material
are contracted for IN writing, with the
consent of the wife given In the same manner
as required in making a sale and conveyance of
tie homestead; nor shall the owner, If a mar
ried man, cell the homestead W.T. out the con-
sent of the wife, riven in such manner as may
be prescribed by law. No mortgage, trust deed
or other lien on the homestead shall ever be
valid except for the purchase money thereof or
Improvements made thereon, as heTeinbe 'ore
provided, whether such mortgage, or trust
deed, or other lien, shall have been created by
the husband alone or together with his wife,
and a pretended sales of the homestead
involving any condition Of defeasance shall be
void.
consist of not more than 200 acres of land
which nay be in one or more parcels. with the
i'm rovements thereon: the honest ad In a city,
town village, shall consist of lot, lots, not
to exceed IN vaue $1,000 at the time OF their
dPsignati0n as the homestead with ut reference
to the value of any improvements thereon pro-
vided, thai the same shall be used for purposes
of home, or as place to exercise the calling
or business of the head of the family; pro-
Tyf6 nd oil hot tfnor of bo
homestead shall not change The character of
the same, when no other homestead has been
acquired.
In these days, when some of the best
minds of Texas are discussing and defin-
ing personal liberty" THE GAZETTE
asks that these provisions be considered
with their relation to their invasion of
the personal liberty of the citizen. These
constitutional fnhibitions cannot be
claimed to rest on broader ground than a
concern for the Individual welfare. A
man may own 200 acres Of land lying just
outside the limits of growing city and
the land may be worth $1,000 an acre; yet
he cannot utilize it to obtain money even
to pay an honest debt. The state says in
it's organic law that it will
protect that mans family against
him whose solemn duty and obi
CATION it is to protect his own, and
also against both father and mother,
for a wife's signature to a mortgage is
worthless. The state says in its organic
law that husband and wife shall not
mortgage their own property for any pur-
pose that seems to them wise and pru-
dent and necessary. THE GAZETTE at
sundry times has urged consideration Of
the homestead laws of Texas, and has al
ways been opposed by certain prominent
Journals that are at this time discussing
personal liberty. Will those journals
favor THE GAZETTE, now that they are in
the way, with a specific reply to this ques
ton?
Is the homestead law of Texas an inva-
sion of the personal liberty of the citizen?